HomeMy WebLinkAboutAV 93-04; Francavilla Residence; Administrative Variance (AV)I
October 13, 1993
Jim Francavilla
81 3 Windward Lane
Carlsbad, CA 92009
SUBJECT: ADMINISTRATIVE VARIANCE NO. AV 93-04 - FRANCAWLLA RESIDENCE -
Request to allow a solarium within a required side yard setback of a single
family home.
Dear Mr. Francavilla:
The Planning Director has completed a review of your application for an Administrative
Variance to allow a reduced side yard setback from 10' to 6'4" at 813 Windward Lane. .
After careful consideration of the circumstances surrounding this request, the Planning
Director has determined that the four findings required for granting an Administrative
Variance cannot be made and, therefore, DENIES this request based on the following
findings and conditions.
. "-
Findin!p:
1. There are not exceptional or extraordinary circumstances or conditions applicable
to the property or to the intended use that do not apply generally to the other
property or class of use in the same vicinity and zone. All properties within the
Planned Unit Development (PUD 61) are required to maintain a 10' side yard
setback, and all of the properties are of the same approximate size, configuration,
and terrain. Therefore, the subject property is not subject to extraordinary
circumstances or conditions.
2. The requested variance is not necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone
but which is denied to the property in question. No' variances have been approved
for similar requests in the neighborhood. Therefore, any property owner having a
similar structure does not possess a property right for the nonconforming structure.
3. The granting of this variance will be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the
property is located. The presence of the solarium within the required side yard
setback negatively impacts both the view from the street and the feeling of
openness.
2075 Las Palmas Drive Carlsbad. California 92009-1 576 - (61 9) 438-1 161 @
"
JIM FRANCAWLLA
OCTOBER 13, 1993
PAGE 2
I
4. The granting of this variance will not adversely affect the comprehensive General Plan because the solarium is located on one single family lot.
This decision may be appealed by you or any member of .the public to the Planning
Commission within ten days of receipt of this letter. Appeals must be submitted in writing
to the Planning Department at 2075 Las Palmas Drive in Carlsbad, along with a payment
of $120.00. The filing of such appeal within such time limit shall stay the effective date
of the order of the Planning Director until such time as a final decision on the appeal is
reached. If you have any questions regarding this matter, please feel free to contact Elaine
Blackburn at (619) 438-1161, extension 4471.
Assista/nt Planning Director
CW:EB:lh
c: Bob Wojcik
Bobbie Hoder
Don Rideout
Brian Hunter
Project Engineer
Data Entry
File Copy
EB:lh
FRANCDNLLTR